Bracewell’s Brian Patterson explained to The Business Journals that many states will likely tinker with salary thresholds or will target specific industries instead of implementing complete noncompete bans.
“This trend toward greater restrictions is accelerating, driven by both state-level initiatives and heightened federal attention through the FTC’s proposed nationwide ban,” Patterson said. “Most states are taking a nuanced approach rather than implementing complete bans, focusing on protecting vulnerable workers while preserving employers’ ability to use noncompetes for senior roles and legitimate business interests.”
Patterson provided practical tips for employers, such as paying particular attention to agreements with lower-wage workers, which face increasing scrutiny, strengthening trade-secret protections, and creating protocols for handling multi-state employees.
